start manufactories for their flax and wool, but here the parent country stepped in with a prohibition on exportation. In 1719 Parliament declared that "erecting manufactories in the colonies tends to lessen the dependence on Great Britain." What was especially grievous to Pennsylvania was a restriction on the manufacture of iron and steel, though pig-iron could be exported. Thus, while her rapidly increasing population made great industries possible for home demand, there was a continual clog on enterprise in the English laws.

In the troubles which preceded the Revolution, when nonimportation of English goods was resorted to, to drive the English government to terms, many new manufactories were projected. But the fever would pass away with the obnoxious laws, and the enterprise of the people would again turn to agriculture, the weaving of cloth, and the making of implements for home consumption. Thus matters continued till the Revolution (while it lasted destructive to enterprise) broke the bands which England had tied, and opened a great career of prosperity in manufactures for Pennsylvania.

CHAPTER XIII.

1776-1790.

Council of Safety-State Constitution of 1776-Revolutionary Party in Power-Loyalists and Peace Men-Campaign of 1776-Battle of Trenton-Campaign of 1777-Battles of Brandywine and Germantown-Valley Forge-British in Philadelphia-Evacuation of Philadelphia-Arnold-Carlisle and Roberts-Riots in the City-Attack on the College-Wyoming Massacre and Campaign of Sullivan -Yorktown-Dickinson and Smith restored to Favor-Robert Morris-Penns bought out-Slavery Abolished-Revolt of the Continentals-Colleges-Franklin President-Constitution of the United States-Pennsylvania ratifies.

THE regular authorities of the province under the old charter, while probably representing the actual sentiment of the majority, were fast being pushed aside by the more active revolutionary party. The Council of Safety, by general consent of this party, was gradually absorbing the functions of government. This extra-constitutional body could only be justified by temporary necessities, and the Revolutionists were anxious to have a more solid basis of government.

This they secured by their new constitution. When the Constitutional Convention assembled it became the governing power of the colony, appointing the delegates to Congress and declaring Pennsylvania an independent State. It attended to the organization of the Associators, and taxed heavily non-combatants. Its president was Franklin, and besides him its most conspicuous member was the astronomer Rittenhouse. The main work appears to have been done by a Scotch school-master, James Cannon, an Irishman, George Bryan, and a free Quaker, Timothy Matlack.

The other members were not extraordinary in their capabilities. The resulting constitution, which was to go into effect in November, 1776, without being submitted to a

vote of the people, was an experimental contrivance, and had a life of only fourteen years. It, however, placed the State, as we must now call it, in the complete control of the friends of the Revolution, and made harmony between its officers and Congress.

After the usual declarations of rights, the constitution provided for a single legislative house, as heretofore, to be called the General Assembly, to be elected annually by every freeman of twenty-one or over who had paid taxes during the past year. They had the usual privileges of legislative assemblies of the time; sitting on their own adjournments, judging the qualifications of their own members, instituting impeachments, and so on. The text was simplified, and, of course, contained no reference to the English government. It required from officials only an expression of a belief in God and in the inspiration of the Old and New Testaments, thus for the first time opening the doors to Catholics, Jews, and Deists. At first representation was to be by counties, but as soon as a list of taxables should be made out this should be the basis.

The executive body, the "Supreme Executive Council," was to consist of twelve members, one elected by each of the eleven counties, and one by the City of Philadelphia. Its president and vice-president were to be chosen from its number at a joint meeting of council and assembly, and by a process of rotation each member might serve for three years, and be ineligible for the next two elections. This council appointed the judges and all officers not elected, and had the right to grant reprieves, pardons, and licenses. The head of the State was its president, who had very little power. The fear of autocracy, characteristic of the times, is strikingly shown by this arrangement.

All officers must declare their allegiance to the State. Foreigners had all the privileges of natives, except that they could not hold office for two years. A school, or schools, were to be supported at public expense in every county.

elected, two from each city and county, who should hold office for one year. They were to inquire if the constitution had been observed, if the legislative and executive officers had done their duty, if the taxes had been properly levied and collected, and the laws duly executed. When the constitution needed revision they were authorized, after due notice, to call a convention.

The principal defects of this constitution as compared with others which were adopted about this time, were found in the provisions for a single legislative body and a multiple executive. It was more liberal in the matter of tests than the Penn Charter of 1701, in which respect it went back to Penn's original ideas; and the same may be said of the penal system enacted by the assembly in response to its directions. The most important advance was the public provision for education. The new Council of Censors proved itself an unnecessary and troublesome body.

Its first meeting was in 1783, when it organized, and a year later made a lengthy report, to which, however, a large minority dissented. Composed of two members from each county, and requiring a two-thirds majority to call a convention to amend the constitution, it practically placed the power in the hands of a few from the smaller counties. These were satisfied with the constitution as it was, and were thus able to defeat all changes. The Council of Censors proved thus to be an extremely conservative, and in that time of rapid changes, a mischievous body. It did, however, succeed in pointing out great weaknesses in the prevailing system and in its execution, and in showing the low standard which prevailed among the holders of public offices in many instances. By the time of the next meeting, in 1790, the State was about adopting a new constitution, and in it there was no provision for such a council.

The constitution also authorized the reduction of the number of offences punishable by death. The legislature, however, did not immediately act on the matter, and so late as 1784 a man was hanged in Reading for stealing nine dollars. The sentiment was growing, and after the Revo

lution F. A. Muhlenberg and George Ross would never vote to execute any criminal. The penalty after 1786 was confined to treason and murder in the first degree, thus going back to the conditions existing prior to 1718.

The constitution and its enforcement threw the whole power of the State of Pennsylvania into the hands of the radical revolutionary party, who now called themselves the Constitutionalists. The opposition, the Anti-Constitutionalists or Republicans, was made up of various elements,―the old proprietary party, who mostly in time went over to the royalists, the Quakers, who withdrew entirely from public affairs and took no part except as sufferers, and the moderate men, like Dickinson, Robert Morris, and Mifflin. These last were friends of the Revolution, but, having property and standing, were alarmed at the violence, disregard of civil rights, and precipitancy of the Constitutionalists, and led the active portion of the opposition party. Thomas Wharton, Jr., was the first president of the council, but he, dying soon, was succeeded by Joseph Reed in 1778 and by William Moore in 1781.

The constitution was perhaps the most democratic instrument of its kind ever written in America. Almost all power was placed in the hands of the annually elected assembly, while the Executive Council and the Council of Censors were supposed to represent the equality of the counties. The partisan conflict raged fiercely around it. Even after it was adopted, attacks on it did not cease. There were continual efforts at revision, which were foiled by the exigencies of war and the stubbornness of its defenders. For and against it the party lines were drawn, and this condition continued till 1790. When the Federal Constitution came before the people for adoption, antipathies already formed dictated the attitude of the people of Pennsylvania towards this great instrument.

The situation was further complicated by an enactment of the new assembly, requiring every one to take an oath or affirmation of allegiance to the new constitution and abjuration to George III. The Moravians, Schwenckfelders,